020-3 Wyo. Code R. § 3-2

Current through April 27, 2019

Section 3-2 - Industrial Landfill Application Requirements

(a) Permit transition : The following rules concerning permit application submittals under Chapter 1, Section 2 will apply.

(i) For existing facilities:
- (A) Existing facilities that have received wastes after November 28, 1990: The operator of any industrial facility shall be required to submit a renewal application, unless the operator elects to close the facility before July 1, 1992. The renewal application shall be submitted after July 1, 1990 as specified by the administrator, but no later than July 1, 1992.
- (B) Existing facilities that have not received wastes after November 28, 1990: The operator shall be required to submit a closure permit application upon notification by the administrator.
  The administrator may request such an application whenever the administrator has reason to believe that health and safety hazards are present, there has been evidence of environmental contamination, or the facility does not comply with the location, monitoring, closure or post-closure standards of this chapter.

(ii) For new facilities:
- (A) The operator of any new facility with a complete application or a valid permit on November 28, 1990, but which has not yet received wastes, shall be required to submit a renewal application, unless the operator elects to close the facility before July 1, 1992. The renewal application shall be submitted by July 1, 1992. For any new facility which has not received wastes, and which has a complete application as determined by the administrator by November 28, 1990, the director may issue initial letters of approval for construction and operation using the standards and procedures specified in the 1975 rules and regulations.
- (B) The operator of any other new facility shall submit a permit application in accordance with the permit application procedures specified in Chapter 1, Section 2(b) and 2(c) or Chapter 1, Section 5.

(iii) For closing facilities:
- (A) Anticipated closure: The operator of a facility with a valid permit on November 28, 1990, or a valid permit or renewal permit issued under Section 2(b) or Section 2(c) of this chapter, shall submit a closure permit application to the administrator between 270 and 180 days prior to the anticipated facility closure.
- (B) Unanticipated closure: In the event any solid waste disposal facility ceases operation, as determined by nonreceipt of solid wastes for any continuous nine month period, the facility operator shall provide written notification to the administrator no later than thirty (30) days after the end of such nine month period. This notification shall be accompanied by a closure permit application unless the administrator approves interim measures with delayed final closure for good cause upon application by the operator.

(iv) All existing industrial landfills shall be subject to the standards contained in the Solid Waste Management Rules and Regulations 1975 until such time as they are permitted under Chapter 1, Section 2.

(b) Permit application requirements for facilities greater than

one (1) acre in size :

(i) All permit application forms shall be signed by the operator, the landowner, and any real property lien holder of public record.
- (A) All applications shall be signed by the operator under oath subject to penalty of perjury. All persons signing the application shall be duly authorized agents. The following persons are considered duly authorized agents:
  - (I) For a municipality, state, federal or other public agency, by the head of the agency or ranking elected official;
  - (II) For corporations, at least two principal officers;
  - (III) For a sole proprietorship or partnership, a proprietor or general partner, respectively.
- (B) Where the applicant for an existing industrial landfill for disposal of wastes associated with oil and gas production holds a legal interest of record entitling dominant use of the site surface for purposes related to oil and gas production, but another party or parties share common ownership in the site surface rights and consent from all such surface landowners cannot be obtained as required in (b)(i) above, the administrator may approve the application if, in lieu of surface landowner consent, it finds:
  - (I) The applicant has identified all parties sharing common ownership of record in the site surface rights and has made all reasonable efforts to directly notify each party of the application, obtain their consent for it, and inform them of their right to review by the Environmental Quality Council in the event the department approves the application without their consent;
  - (II) The landfill will be used only for disposal of non-hazardous wastes associated with oil and gas production activities at the site;
  - (III) The application and plans demonstrate that the landfill will be closed and reclaimed in a manner which restores the surface to its prior usefulness;
  - (IV) The applicant will provide a bond in an amount sufficient to serve the purpose specified in W.S. 35-11-416, where appropriate;
  - (V) The applicant will provide an affidavit stating that it will be solely responsible for wastes to be disposed of at the landfill and will protect non-consenting surface owners from liability under 42 U.S.C. § 9607 (CERCLA) or other applicable law.

(ii) All permit applications shall be prepared under the supervision of a professional engineer registered in the State of Wyoming. All permit application forms shall be stamped, signed and dated by a professional engineer. In addition, all portions of the permit application which require geological services or work shall be stamped, signed and dated by a professional geologist.

(iii) The permit application shall contain a completed application form, and the information required in this subsection.
- (A) A written report shall be submitted containing the following information:
  - (I) The name, address and telephone number of the operator of the facility to whom the permit would be issued, and a listing of any administrative order, civil or administrative penalty assessment, bond forfeiture, misdemeanor or felony conviction, or court proceeding, for any violations of any local, state or federal law relating to environmental quality or criminal racketeering, in which the applicant (including any partners in a partnership or executive officers in any corporation, if the applicant is a partnership or corporation) has been or is currently involved;
  - (II) Name, address and telephone number of the solid waste manager. A description of the solid waste manager training and examination program, to be used by the operator to assure compliance with the requirements of Chapter 3, Section 5(a), shall be included. The description shall include a specific listing of the training courses, and the required frequency of attendance of each course by the solid waste manager;
  - (III) Legal description of the property to be used as a disposal site. The complete legal description shall consist of a plat and legal description, monumented and signed in accordance with Wyoming statutes by a Wyoming licensed land surveyor;
  - (IV) A brief summary narrative describing the disposal facility. The narrative should include the size of the facility, the type of waste disposal activities that are planned including area fill, trench fill, and special waste areas and the type, amount, and source of incoming waste. The narrative should also describe the service area of the disposal facility, facility access controls and restrictions and waste screening measures;
  - (V) Information describing mineral ownership of the site and surface ownership of the site and all lands within one mile of the facility boundary;
  - (VI) Demonstration that the facility meets the minimum location standards specified in Section 3 of this chapter;
  - (VII) A summary description of any available regional geologic or hydrologic information, including copies of all available well logs for wells located within one mile of the proposed site. In addition to these well logs, all water wells permitted through the Wyoming State Engineer's office within one mile of the proposed site boundaries shall be identified on a map, with the location, permit number, name of well owner(s), designated water use, and depth to static water level; this information may be supplemented by a computer printout from the State Engineer's office;
  - (VIII) Any information known to the applicant that would limit the site's suitability as an industrial landfill;
  - (IX) Site specific data describing the underlying soils, geology and groundwater, including:
    
    (1.) A description of the soil types according to the Unified Soil Classification System, and the estimated thickness of the unconsolidated soil materials;
    
    (2.) Information on the geologic conditions, including structure, bedrock types, estimated thickness and attitude, and fracture patterns;
    
    (3.) Identification of unstable areas caused by natural features or man-made features or events, and which may result in geologic hazards including but not limited to slope failures, landslides, rockfalls, differential and excessive settling or severe erosion;
    
    (4.) Depth to the uppermost groundwater. Information on groundwater aquifer thickness and hydrologic properties such as the groundwater flow direction and rate, and the potentiometric surface;
    
    (5.) Existing quality of groundwater beneath the facility; identification of background water quality data;
    
    (6.) Supporting documentation such as well completion logs, geologic cross-sections, soil boring lithologic logs, potentiometric surface maps and soil or groundwater testing data should be supplied as an appendix.
  - (X) A detailed description of the facility operating procedures, site design and construction methods. The description shall include the following information:
    
    (1.) The source of wastes, and the type, trade and common names and quantity of waste received on a daily, weekly or monthly basis that will be disposed at the facility;
    
    (2.) Calculations for site capacity and site life which are based upon detailed engineering designs and grading plans;
    
    (3.) An evaluation of the facility's potential to impact surface and groundwater quality, based on the facility design and the hydrogeologic information required in subsection (b)(iii)(A)(X) of this section;
    
    (4.) An evaluation of the availability of cover material sufficient to properly operate the facility through the closure period;
    
    (5.) A detailed description of the facility liners, caps, berms, or other containment devices that will be used, along with the methods of construction and associated construction quality control program;
    
    (6.) A description of the systems used for monitoring, collection, treatment and disposal of leachate, if required;
    
    (7.) A description of the fire and other emergency protection measures;
    
    (8.) A description of the topsoil handling procedures to be used, including measures to be used to protect the piles from erosion;
    
    (9.) A description of the signs that will be posted to identify the landfill and listing the information required in Section 4(c) of this chapter;
    
    (10.) A summary of wind speed and directional data available for the local area;
    
    (11.) A description of the litter control program, if the administrator determines the waste streams are conducive to the production of litter. This description shall include the frequency for litter collection for internal fences, perimeter roads and off-site areas, and special operating procedures to be used during periods of high wind;
    
    (12.) Type and amount of equipment to be provided at the site for excavating, earth moving, spreading, compaction and other needs, and the source and procedure used to obtain backup equipment;
    
    (13.) A description of the special waste areas, as defined by Chapter 8, if any, and how they will be operated in accord with the standards of Chapter 8;
    
    (1 4.) Any other information necessary to demonstrate compliance with the design, construction and operating standards specified in Section 4 and Section 5 of this chapter.
  - (XI) A detailed descriptive statement of the environmental monitoring program, including the following information:
    
    (1.) A description of the groundwater monitoring well location, design, construction, and development;
    
    (2.) A description of the groundwater sampling program including sampling frequency, test parameters, sampling procedures, test methods and quality control, if determined necessary by the administrator;
    
    (3.) A description of the methane gas system for venting and/or monitoring, if determined necessary by the administrator, which includes system location, design and construction;
    
    (4.) A description of the methane gas monitoring frequency, procedures and test parameters, if required;
    
    (5.) Any other information necessary to demonstrate compliance with the monitoring standards specified in Section 6 of this chapter.
  - (XII) Waste analyses as requested by the administrator, including
    
    (1.) A description of the physical condition of the waste;
    
    (2.) Chemical analyses of the total concentrations of waste constituents specified by the administrator;
    
    (3.) Leachate analyses from the extraction procedure specified by the administrator;
    
    (4.) Analysis of hazardous waste characteristics.
  - (XIII) A description of the sampling and testing protocols to be used in the collection and analysis of waste and environmental monitoring samples. Testing protocols shall be approved by the administrator, and sampling protocols shall allow collection of samples representative of the total waste stream, soil, gas or liquid.
  - (XIV) A description of pretreatment procedures to be applied to the industrial solid waste prior to disposal, such as solidification and dewatering.
  - (XV) A description of site access controls and restrictions, and waste screening measures used to prevent disposal of unauthorized wastes.
  - (XVI) A detailed descriptive statement of the closure/post-closure stage of landfill development, including the following information:
    
    (1.) A description of the length of the post-closure period;
    
    (2.) A description of the land use anticipated after closure;
    
    (3.) The wording of the deed notice;
    
    (4.) A copy of the notice of closure for the public, if the facility has been open for public use;
    
    (5.) A description of the final cover, as well as methods used to revegetate the site, where revegetation is consistent with the post-closure land use;
    
    (6.) The method used to divert surface water;
    
    ( 7.) The methods by which surface erosion or water ponding problems will be corrected, including the frequency of planned inspections to discover such problems;
    
    (8.) The method by which any environmental monitoring systems and corrective action systems will be maintained;
    
    (9.) The method by which the operator will maintain access restrictions to any closed facility;
    
    (10.) Any other information necessary to demonstrate compliance with the closure/post-closure standards specified in Section 7 of this chapter.
- (B) An original USGS topographic map with a scale of 1:24,000 with the proposed facility location shown; an original USGS topographic map with a scale of 1:62,500 or other suitable topographic map may be submitted if a 1:24,000 map is unavailable;
- (C) A map or aerial photograph of the area shall be submitted showing land ownership, land use and zoning within one mile of the disposal site. The map or photograph shall be of sufficient scale to show all city boundaries, each occupied dwelling house, schools, hospitals, industrial buildings, water wells, water courses, roads and other applicable details.
- (D) A general facility plot plan at a scale not greater than 200 feet to the inch with five foot contour intervals shall be submitted. The general facility plot plan shall at a minimum illustrate the following features:
  - (I) Landfill facility boundaries;
  - (II) Points of access;
  - (III) Location of soil borings, groundwater monitor wells, and methane monitor wells;
  - (IV) Location of proposed trenches or area fill locations;
  - (V) Working area/perimeter fire lane;
  - (VI) Locations of any facility buildings to house equipment used at the landfill;
  - (VII) Working area/perimeter fence location;
- (E) Additional facility plot plans at the same scale as the general facility plot plan, shall be submitted as necessary to show orderly development and use of the facility through the life of the site. These plot plans shall at a minimum contain the following information:
  - (I) Excavation plans for development of trenches or preparation of area fill locations;
  - (II) Development of temporary surface water diversion structures which may be necessary to adequately control surface water run-on and run-off;
  - (III) Access to active waste disposal areas, including development of internal roads;
  - (IV) Cover stockpile locations;
  - (V) Topsoil storage pile locations;
  - (VI) Litter screen placement information, if required;
  - (VII) Location of special waste management or disposal areas, if applicable;
  - (VIII) Other details pertinent to the development and use of the facility.
- (F) As an alternative to subsection (b)(iii)(E) of this section, which requires site development plans to be supplied for the life of the site, the applicant may submit detailed site development plans containing information specified in subsection (b)(iii)(E) but covering only the first permit term.
- (G) A map showing proposed final contours prepared at a scale no greater than 200 feet to the inch, with five foot contour intervals, shall be submitted.
- (H) If the industrial solid waste facility is included in a larger industrial property, a map shall be included which shows the facility boundaries in relation to the overall boundaries of the industrial property. This location map may have a scale of greater than 200 feet to the inch.
- (I) Cross sections and/or drawing details shall be submitted with sufficient specifications to describe:
  - (I) Internal litter catch screens or fences, if applicable;
  - (II) Working area/perimeter fencing;
  - (III) Trench or area fill method;
  - (IV) Special waste areas, where appropriate;
  - (V) Systems used for monitoring, collection, treatment and disposal of leachate, if required;
  - (VI) Groundwater monitoring well design;
  - (VII) Methane gas venting and monitoring system, if applicable;
  - (VIII) Surface and subsurface drain systems to control run-on and run-off and/or inflow;
  - (IX) All components of engineered containment systems, including, but not limited to, liners caps, berms, leachate collection systems and leak detection systems, if applicable;
  - (X) Any other design details requested by the administrator.
- (J) A recordkeeping log shall be maintained during the operating life of the facility and closure/post-closure maintenance period.
- (K) Facilities for which engineered containment systems are required shall submit construction quality assurance/quality control (QA/QC) plans describing the following construction and testing characteristics:
  - (I) For engineered clay barrier layers, the QA/QC plan shall describe how clay moisture content will be maintained or adjusted, the technique by which lift thickness will be maintained, the manner in which clay lifts will be compacted, the method used to measure clay moisture content and density in the field during construction, and the frequency of moisture content and density testing.
  - (II) For synthetic membranes, the QA/QC plan shall describe the method used to test 100% of all seams for leaks, the frequency of destructive testing for seam strength, the layout pattern for each roll of membrane material, the procedure to be followed for post-installation defect identification, repair and testing, the results of testing or literature review which demonstrates the compatibility of the membrane material with the waste and/or waste leachate, and the procedures used to assure each roll of membrane material meets the manufacturer's specifications for material properties.
  - (III) For lateral drainage layers, the QA/QC plan shall describe the method used to assure achievement of the approved grain size uniformity and layer thickness for granular layers, the method by which drainage layers shall be installed without damaging any imbedded leachate collection, leak detection systems, or synthetic membrane and the installation procedure for the filter fabric or granular filter layer overlying the drainage layer.
  - (IV) Any other information the administrator deems necessary to assure proper installation of engineered containment systems.

(iv) The permit application shall contain information demonstrating compliance with the standards in Chapters 6, 7, 8, and/or 10, if applicable.

(c) Permit application requirements for facilities equal to or less than one (1) acre in size :

(i) Submission of permit application form is required; this form shall be signed in the manner described in Section 2(b)(i) of this chapter.

(ii) A written report shall be submitted containing the following information:
- (A) The name, address and telephone number of the operator of the facility to whom the permit would be issued, and a listing of any administrative order, civil or administrative penalty assessment, bond forfeiture, misdemeanor or felony conviction, or court proceeding, for any violations of any local, state or federal law relating to environmental quality or criminal racketeering, in which the applicant (including any partners in a partnership or executive officers in any corporation, if the applicant is a partnership or corporation) has been or is currently involved;
- (B) The legal description of the property to be used as a disposal site;
- (C) A brief narrative describing the disposal facility, including the method of operations used for disposal, the type, amount and source of wastes, and any special waste areas;
- (D) A demonstration that the facility meets the location standards specified in Section 3 of this chapter;
- (E) A summary description of available regional or hydrologic information;
- (F) Any information known to the applicant that would limit the site's suitability as an industrial waste disposal site;
- (G) Site specific information on the soils, geology and depth to groundwater;
- (H) A description of the facility operating procedures, site design, and construction methods, including the following information:
  - (I) The source of the wastes, and the type, trade and common names and quantity of waste received on a daily, weekly or monthly basis at the proposed facility, in addition to the waste analyses requested by the administrator;
  - (II) A detailed description of the facility liners, caps, berms, or other containment system components constructed at the facility, along with the methods of construction and associated quality control program as required in Section 2(b) of this chapter;
  - (III) A description of the environmental monitoring program;
  - (IV) A description of the fire and other emergency protection measures;
  - (V) A description of the topsoil handling procedures to be used, including measures used to protect stockpiled top-soil from erosion;
  - (VI) A description of the signs to identify the facility;
  - (VII) A description of the litter control pro- gram, if loose refuse is disposed at the facility; and
  - (VIII) A description of the special waste areas, as defined in Chapter 8, and how these areas will be operated.
- (I) A description of the facility access controls and the waste screening measures used to prevent disposal of unauthorized wastes; and
- (J) A description of the closure and post-closure maintenance of the landfill, including a description of the post-closure land use, methods used to revegetate the site (where revegeta-tion is consistent with the post-closure land use), methods used to divert surface water and prevention/correction of surface erosion;

(iii) A topographic map of sufficient scale to show buildings, water wells, water courses, roads, land use and other applicable details for a distance of one mile surrounding the proposed facility shall be submitted (a USGS topographic map may be used for this requirement).

(iv) A general facility plot plan at a scale of not greater than 200 feet to the inch shall be submitted which illustrates the location of the facility boundary, monitoring locations, proposed trenches or area fills, and any buildings on site.

(v) A map showing the proposed final contours of the site at a scale of not greater than 200 feet to the inch shall be submitted if the site will have a final topography different from the original grade.

(vi) Any necessary information demonstrating compliance with the standards in Chapters 6, 7, 8, and/or 10, if applicable.

(d) Renewal application requirements :

(i) Renewal applications shall be submitted as required in Chapter 1, Section 2(e).
- (A) Each renewal application submitted in accordance with the requirements of subsection (a) of this section, shall include a compilation of any available previous permit application materials and supplemental information updated and revised as necessary to fulfill the information requirements specified below, as applicable:
  - (I) For facilities greater than one acre in size, Section 2(b), except for (b)(iii)(A)(V) [mineral and surface ownership], and (b)(iii)(A)(VIII) [site suitability]; or
  - (II) For facilities less than or equal to one acre in size, Section 2(c), except for (c)(ii)(F) [site suitability].
- (B) Each renewal application submitted in accordance with the requirements of Chapter 1, Section 2(e)(ii) shall include a copy of the approved permit application or the previous approved renewal permit application, with drawings and narrative updated and revised as necessary to document the facility operation activities carried out during the previous permit periods. If such activities differed from those approved in the approved permit or previous approved renewal permit, the narrative should describe the minor changes and approved major amendments. The applicant has the option to submit copies of only the updated and revised portion of the previous application, if the revised and updated pages and drawings are appropriately numbered and dated to facilitate incorporation into the previous permit document.

(ii) All renewal applications shall contain the following information:
- (A) Any necessary plan revisions for the upcoming permit renewal period. Any requests for approval of amendments which describe major changes in facility operation shall also be included;
- (B) Detailed construction and operation specifications for the upcoming permit period, if such specifications were not included in an approved facility permit application submitted in accord with subsection (b)(iii)(E) of this section;
- (C) Assessment of site life remaining. If less than two years of capacity remains, a description of steps taken to secure a new facility shall be included;
- (D) Description of intermediate reclamation efforts, with evaluation of revegetation results;
- (E) A description of steps taken to mitigate or correct practices that have resulted in past operational deficiencies.
- (F) Any necessary information demonstrating compliance with the standards in Chapters 6, 7, 8 and/or 10, if applicable.

(iii) Renewal applications for facilities equal to or less than one (1) acre in size shall include the information specified in Section 2(d)(ii)(A), 2(d)(ii)(D) and 2(d)(ii)(E) of this chapter, in addition to information updated and revised as necessary to fulfill the information requirements specified in subsection (c) of this section, except for (c)(ii)(D) and (c)(ii)(F).

(e) Closure permit application requirements :

(i) Closure permit applications shall be submitted as required in Section 2(a) of this chapter. Each closure permit application shall contain the following information. A copy of the pertinent materials from the approved permit application or approved renewal permit application, revised and updated as necessary, may be used to fulfill requirements (F) through (J).
- (A) A narrative describing the site operating history including the dates of operation, the disposal methods used and the types and amounts of waste accepted;
- (B) A general facility plot plan at a scale not greater than 200 feet to the inch illustrating past areas of waste deposition, estimated dates of fill and any other pertinent features;
- (C) Data on site geology and hydrology as specified in subsections (b)(iii)(A)(VII) and (b)(iii)(A)(IX) of this section;
- (D) A map of the site area as specified in subsection (b)(iii)(C) of this section;
- (E) An evaluation of the facility's potential to impact surface water and groundwater quality, based on the hydrogeologic information and the facility's design and operating history;
- (F) General site information specified in subsections (b)(iii)(A)(I) through (b)(iii)(A)(III) of this section;
- (G) Environmental monitoring system information specified in subsection (b)(iii)(A)(XI) of this section, as applicable;
- (H) Closure/post-closure information specified in subsection (b)(iii)(A)(XVI) of this section, as applicable;
- (I) A final contour map as specified in subsection (b)(iii)(G) of this section, as applicable;

(ii) Closure permit applications for facilities equal to or less than one (1) acre in size shall include the information specified in subsection (e)(i)(G) through (I) of this subsection.

(iii) The closure permit application shall contain information demonstrating compliance with the closure standards in Chapters 6, 7, and/or 8, if applicable.

(f) Permit terms :

(i) Industrial landfill permits will be issued for an eight (8) year term.

(ii) Renewal permits for industrial landfills will be issued for renewable eight (8) year terms.

(iii) Closure permits will be issued for a period which includes the time required to complete closure activities and the minimum post-closure period specified at Section 7(b) of this chapter. The closure permit will extend until the administrator finds that the facility has been adequately stabilized and the environmental monitoring or control systems have demonstrated that the facility closure is protective of human health and the environment consistent with the purposes of the act.

(g) Financial assurance : Any operator of an industrial landfill subject to the financial assurance requirements of Chapter 7 shall provide adequate assurance of financial responsibility as specified therein, prior to issuance of an operating, renewal or closure permit by the director.

020-3 Wyo. Code R. § 3-2